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Assembly Constitutional Amendment (ACA) 6 Passes CA Assembly!

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September 5, 2019

Sacramento, CA – Today the California State Assembly passed Assembly Constitutional Amendment (ACA) 6, which would restore voting rights to nearly 50,000 Californians on parole. ACA 6, authored by Asm. Kevin McCarty (D-Sacramento), passed with a 54-16 vote. ACA 6 will next go through the California State Senate, where it will need a 2/3 majority to pass. If it passes through the Senate, the constitutional amendment will appear on the 2020 ballot, at which point Californian voters will have the opportunity to re-enfranchise their neighbors on parole. Because the measure is an amendment to the California Constitution, it must be approved by the voters of California.

“Voting is a fundamental right of citizenship,” said Sam Lewis, Executive Director of the Anti-Recidivism Coalition (ARC). “Each election missed by someone living in our community is a lost opportunity to shape the future of our country. The time is now for California to join the growing national movement to strengthen our democracy by empowering everyone—regardless of their past involvement with the criminal legal system—to have their voices counted.”

Currently in California, otherwise-eligible adults can vote while they are on most forms of community supervision – including probation, county Post-Release Community Supervision, and federal supervised release – but cannot vote while they are on parole.

“The removal of the right to vote is not based in an interest in public safety,” said Taina Vargas-Edmond, Founder & Executive Director of Initiate Justice. “Rather, it is rooted in a punitive justice belief system that intentionally attempts to rob marginalized people of their political power.”

ACA 6, co-sponsored by California Secretary of State Alex Padilla, would address the history of racial oppression behind California's felony disenfranchisement laws. Three of every four men leaving California prisons are either African American, Latino, or Asian American. Black Americans are four times more likely to experience felony disenfranchisement than are white Americans. This constitutional amendment will roll back a form of voter suppression currently facing Californians of color and will signal to all Californians that their voices matter.

“Felony disenfranchisement is simply another term for voter suppression,” said Dauras Cyprian, Policy Manager at Legal Services for Prisoners with Children (LSPC), himself formerly incarcerated and currently on parole. “Californians on parole are constituents, taxpayers, and business owners—they have families, they are your neighbors. Laws affect their lives and the lives of their families and, as citizens, they should have a voice in this democracy.”

An estimated 4.6 million people nationwide are unable to vote because of a felony conviction. Currently, just under 50,000 people on parole throughout California—working, paying taxes, raising families in their communities—are unable to vote in any local, state, or federal elections. In 16 other states and the District of Columbia a person’s right to vote is automatically restored after their release from prison. Two states (Maine, Vermont) have no disenfranchisement for people with convictions. This year, Nevada and Colorado restored voting rights to approximately 87,000 people on parole and last year, New York, Louisiana, Florida collectively restored voting rights to almost 2 million formerly incarcerated people.

“California suppresses Black and Brown votes by design,” said Brittany Stonesifer, voting rights attorney with the ACLU of California. “Through discriminatory policing, incarceration, and felony disenfranchisement, California systemically locks people of color out of the ballot box. We applaud lawmakers for voting to advance racial justice and strengthen our democracy with ACA 6.”

Restoring the right to vote to people on parole is part of a long struggle in our nation’s history to make the franchise fairer and more inclusive.

"Today is another step toward the restoration of voting rights for nearly 50,000 Californians, an important victory for our democracy,” said Dora Rose, Deputy Director of the League of Women Voters of California. "This moves us closer to fulfilling a promise the League made 100 years ago when the 19th Amendment was passed. No one is free until we’re all free.”

About the Free the Vote Coalition

The Free the Vote Coalition is made up of ten organizations whose goal is to restore the right to vote for all people impacted by the criminal justice system. The partners in sponsoring this bill are Initiate Justice, ACLU of California, All of Us or None / Legal Services for Prisoners with Children (LSPC), Anti-Recidivism Coalition (ARC), Californians United for a Responsible Budget (CURB), League of Women Voters of California, People Over Profits San Diego, Vote Allies, and White People for Black Lives (WP4BL). California Secretary of State Alex Padilla is also a co-sponsor of ACA 6.